For landlords dealing with difficult tenants who refuse to pay rent or cause disturbances, obtaining a possession order may be the only viable solution to regain control of their property However, the process of obtaining a possession order can be lengthy and complex, leading many landlords to wonder: how long does it take to get a possession order?
In the United Kingdom, the process of obtaining a possession order can vary depending on the specific circumstances of the case Generally, there are two types of possession orders that landlords can apply for: the Section 8 possession order and the Section 21 possession order Each type of possession order has different requirements and timelines associated with it.
Section 8 possession orders are typically used when the tenant has breached the terms of their tenancy agreement, such as failing to pay rent or causing damage to the property In order to obtain a Section 8 possession order, landlords must first serve the tenant with a notice informing them of the grounds for possession and providing a minimum notice period of two weeks.
After the notice period has expired, landlords can apply to the court for a possession order The court will then schedule a hearing to consider the landlord’s application The entire process of obtaining a Section 8 possession order can take anywhere from 4 to 8 weeks, depending on the court’s availability and the complexity of the case.
On the other hand, Section 21 possession orders are used when the fixed term of the tenancy has come to an end and the landlord wishes to regain possession of the property Unlike Section 8 possession orders, landlords do not need to provide a reason for seeking possession when applying for a Section 21 possession order.
To obtain a Section 21 possession order, landlords must first serve the tenant with a notice of at least two months, informing them of their intention to seek possession of the property possession order how long does it take. After the notice period has expired, landlords can apply to the court for a possession order The court will then issue a possession order without a hearing in most cases.
The process of obtaining a Section 21 possession order is generally quicker than obtaining a Section 8 possession order, taking around 6 to 10 weeks from serving the notice to obtaining the possession order However, there are certain requirements that landlords must meet in order to successfully obtain a Section 21 possession order, such as providing the tenant with a copy of the energy performance certificate and the gas safety certificate.
Overall, the timeline for obtaining a possession order can vary depending on the type of order sought and the specific circumstances of the case While Section 21 possession orders tend to be quicker to obtain compared to Section 8 possession orders, landlords must ensure that they follow the correct procedures and meet all the necessary requirements to avoid any delays in the process.
In some cases, landlords may encounter challenges such as tenants contesting the possession order or the court requiring additional evidence before granting the order As such, it is important for landlords to seek legal advice and guidance to navigate the process smoothly and efficiently.
In conclusion, the timeline for obtaining a possession order can range from 4 to 10 weeks, depending on the type of order sought and the individual circumstances of the case Landlords facing difficulties with tenants should familiarize themselves with the requirements and procedures associated with obtaining a possession order to ensure a successful outcome By seeking legal advice and following the correct procedures, landlords can regain control of their property in a timely manner.